Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
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Our team acts for a leading SA based enterprise and supplier development advisory and project management firm
Our team acts for a leading South Africa-based enterprise and supplier development advisory and project management firm against a US-based company concerning the responsibility of the US Company for massive remediation activities at its cost in respect of a property sold to our client.
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by Katekani Mashamba
All systems go for the Public Procurement Bill, but is SA ready?
Katekani Mashamba, senior associate in the Dispute Resolution practice joined Noluthando Mthonti-Mlambo and Zinathi Gquma on Business Day TV where she talked about It’s all systems go for the Public Procurement Bill, but is SA ready?
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8 Apr 2024
by Imraan Mahomed
Political parties’ involvement in workplace affairs
It has become a common feature in South Africa for political parties to want to become embroiled in workplace issues. This initially gained prominence with the Economic Freedom Fighters (EFF,) a well-known opposition national political party. The Labour Court has, however, already taken a strong stance against the EFF in two reported judgments: Calgan Lounge v EFF and Others 40 ILJ 342 (LC) a matter in which Cliffe Dekker Hofmeyr (CDH) represented Calgan Lounge in 2018, and Gordon Road Spar v The Economic Freedom Fighters and Others 42 ILJ 1953 (LC) which was subsequently overturned by the Labour Appeal Court (LAC) in 2023 for technical legal considerations. We reported on these judgments in our 12 November 2018 , 4 October 2021 and 24 January 2022 Employment Law Alerts. The Gordon Road Spar judgment, however, needs to be heeded by employers who are faced with a similar dilemma and who intend to engage the assistance of thecourt.
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![](/export/sites/cdh/images/news-thumbnails/employment-05.jpg)
5 Dec 2023
Employee vs Independent Contractor vs TES
The test for determining who is an employee and who is an independent contractor differs with reference to persons who earns above or below the threshold in terms of s6(3) of the Basic Conditions of Employment Act 75 of 1997 (BCEA). An independent contractor, unlike TES employees, is not an employee either of the client or the TES. Independent contractors render services for a fee, whereas a TES provides labour to a client for reward. Ultimately the test is always substance over form and the nature of the agreement is not definitive.
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An analysis of the Affordable Housing Act, 2024: Will this act survive the legal onslaught?
After what may seem like an eternal wait for the Government, the President finally put pen to paper on the Affordable Housing Bill, 2023 (Bill) to enact it into law on 19 March 2024. The Affordable Housing Act, 2024 (Act) is intended to cure the pitfalls that were raised by the High Court in the case of Okiya Omtatah Okoiti and 51 Others v The Cabinet Secretary for the National Treasury and Planning and Six Others, Constitutional Petition No. E181 of 2023.
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23 Apr 2024
by Leila Moosa
The right to disconnect from work-related communications
Leila Moosa, Senior Associate in our Employment Law practice joined Rofhiwa Madzena on eNCA to unpack the right to disconnect from work-related communications outside of working hours, in light of increasing international trends that recognise this right in varying degrees.
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by Shameegh Allen and David Thompson
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When considering the age-old question of which provisions should be contained in the memorandum of incorporation (MOI) and which provisions should be contained in the shareholders’ agreement (SHA), one important consideration which is often overlooked is the threshold required to amend an MOI as opposed to an SHA.
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